Zonkerbl wrote:popper wrote:sfam wrote:Popper, just so I understand, who would you like to be the arbiter of who we call a person if not the SC? Personally, I might choose science. A zygote may have the potential to be a person at some point, but clearly it is not at the moment. It doesn't feel, think, isn't able to sustain life on its own, etc. I doubt science would consider frozen embryos people either.
sfam - I would like the arbiter of person-hood to be the entity authorized in the constitution to do so - the individual or the state govt's. If people feel strongly that they would like the federal govt. to do so then they should pass a constitutional amendment in that regard. If that were to happen, then you would get no complaint from me. The insidious and lawless encroachment on the constitution will doom us all and emboldens those that want to destroy the heritage that many have lost their lives to defend and preserve - that is "of, by and for the people".
Yeah, thing is, if somebody sues somebody else over abortion, and the court can't wriggle out of seeing the case, they are in fact FORCED by the Constitution to make a decision. This is one of those cases where the SC is forced to pick one of many, many different possible ways to interpret the Constitution (which is essentially mute on this issue), and since Congress won't touch the issue with a ten foot pole, there's no legislative guidance either.
In that case, the court should have simply declined taking it up as abortion is not one of the 18-20 enumerated powers authorized in the constitution. Previous to Roe vs. Wade, the individual states adjudicated the issue.
Edit - I should say they should have stricken the lower court decision as an infringement on the constitution.















